MURAD ALI Versus MEMBER (S&R)/CHIEF SETTLEMENT & REHABILITATION
This matter concerns a dispute over the entitlement to purchase agricultural land previously allotted to a party whose allotment was subsequently cancelled due to excess entitlement. The respondent, having purchased land from the original allottee, sought to purchase the land, as did the petitioner, who was in actual possession as a tenant at will. The core legal question is the interpretation of the phrase 'land occupied by any person' as found in the proviso to clause (b) of subsection (1) of section 3 of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. Specifically, the Court must determine whether this statutory language refers to the original allottee or purchaser, or to the tenant in actual physical occupation of the land. Finding that this issue is similar to a question pending in another matter, the Supreme Court granted leave to appeal to resolve the interpretation of the statutory provision regarding the right of first offer for sale to occupants of agricultural land.
- Does the phrase 'land occupied by any person' in the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 refer to the original allottee or the tenant in actual occupation?
- Who is entitled to the first offer of sale for agricultural land under the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975?
- Section 3(1)(b), Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
ORDER
NASIM HASAN SHAH, J.-- Respondent No,2 purchased some agricultural land from its allottee. It was later discovered that the allottee had obtained the allotment far in excess of his true entitlement resulting in cancellation of the excess allotment. Respondent No,2, therefore, submitted an application for purchase of the land. The petitioner, who was cultivating the land and has been described as a "tenant at will" under Respondent No,2 also applied to purchase it. The application of Respondent No,2 was granted, while that of the petitioner denied.
The provision of law governing the situation is clause(b) of subsection (1) of section 3 of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 which to the extent relevant provides:-
"(b) In the case of rural properties, by the Board of Revenue of the Province under a scheme to be prepared by the Provincial Government in this behalf:
' Provided that agricultural land occupied by any person continuously for for harvests immediately preceding Kharif 1973 shall first be offered for sale to such person unless an order of ejectment has been passed against him in respect of such land."
The question for consideration is whether the phrase "land occupied by any person" refers to the original allottee/purchaser from him or to the tenant in actual occupation of the land.
Leave to consider a somewhat similar question has been granted by this Court in Muhammad Fazil v. Settlement Commissioner and others Civil Petition No,80 of 1981. Leave is, accordingly, also granted in this matter.
Both the matters to be put up for hearing together Security Rs,2,500.
The appeal to be made ready on the present record with liberty to the parties to add further documents, if any.